W4TUES: PENNSY, DOUGHERTY, BATSAKIS

Question 1

Pennsy >Consideration >Donative Promise

Benefit-Detriment Test:

Answer 1

Is there a Benefit to the Promisor? Is there Detriment to the Promisee?

Question 2

Pennsy >Consideration >Donative Promise

Bargain Theory:

Answer 2

Was there an Exchange of Promises?

Question 3

Pennsy >Consideration >Donative Promise

(Diagram) Sphere of Consideration:

Answer 3

The difference between Bargain and Gift.

Question 4

Pennsy >Consideration >Donative Promise

Per Pennsy, how do we decide if something is a Bargain or a Gift?

Answer 4

The Court decides if there was Consideration by viewing the Facts of the case through the lense of both the Benefit-Detriment Test and Bargain Theory.

Question 5

Dougherty >Consideration >Donative Promises (Promissory Note)

What was the Issue in Dougherty?

Answer 5

Promissory Note: “value received” was an attempt by the Aunt to fabricate Consideration.

Question 6

Dougherty >Consideration >Donative Promises (Promissory Note)

What was the Court’s job in determining if a there was an enforceable contract in Dougherty?

Answer 6

The Courts job was to “look behind” the “form” (or document) to verify that there is in fact, Consideration.

Question 7

Dougherty >Consideration >Donative Promises (Promissory Note)

What is the key consideration when evaluating a Promise?

Answer 7

Is there Value to each party of the things being promised: (Car donation hypo, Broken Fridge hypo)